T  R  A.  NJSJLuA  T 

UC-NRLF    ..,.,,,,, ,,,,  mu  mi  mi 


SB    16   557 

REGULATIONS 

FOB  THE 


POLICE  LAW  OF 


OF  THE 


ISLAND  OF,  CUBA 


WAR     DEPARTMENT, 

DIVISION    OF    CUSTOMS    AND     INSULAR    AFFAIRS. 

September,  1899. 


WASHINGTON: 

iRNMENT    PRINTING    OFFICE. 
1899. 


GIFT  OF 


REGULATIONS 


FOE  THE 


OF  THE  POLICE  LAff  OF 


OF  THE 


ISLAND  OF  CUBA 


WAR     DEPARTMENT, 
DIVISION     OF    CUSTOMS     AND     INSULAR    AFFAIRS. 

September,  1899. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE, 
1899. 


REGULATIONS  FOR  THE  EXECUTION  OF  THE  POLICE  LAW  OF 
RAILROADS  OF  THE  ISLAND  OF  CUBA. 


CHAPTER  I. 

ARTICLE  1.  The  inspection  and  supervision  of  railroads,  not  only  in 
their  technical  part  but  also  in  their  business  part,  the  direct  inter- 
vention in  the  different  branches  of  their  operation,  their  police,  and 
good  administration,  and  everything  that  relates  to  the  safety  of  per- 
sons and  the  development  of  material  interests,  appertains  to  the  colo- 
nial department. 

ART.  2.  The  purely  technical  or  professional  part  shall  be  intrusted 
in  each  line  to  one  or  more  engineers  of  the  corps  of  roads,  canals,  and 
ports;  the  administrative  and  business  part  to  the  officers  designated 
by  the  colonial  department.  Two  inspections  shall  be  created  of  both 
branches,  which  shall  be  independent  of  each  other  and  both  devoted 
to  the  best  public  service,  with  different  obligations  and  duties.  They 
may  also  be  consolidated. 

ART.  3.  The  organization,  powers,  and  duties  of  the  technical  and 
administrative  inspections  shall  conform  to  the  provisions  of  the  special 
regulations  which  may  have  been  issued  for  the  service  of  the  same,  or 
which  may  in  the  future  be  issued  by  the  colonial  department. 

CHAPTER  II. 

THE   ROAD  AND  ITS  PRESERVATION. 

ART.  4.  The  erection  of  dams,  wells,  and  troughs  at  a  distance  of 
less  than  20  meters  on  each  side  of  the  railroad  is  prohibited.  This 
distance  of  20  meters  shall  be  measured  from  the  lower  lines  of  the 
walls  of  the  embankments,  from  the  upper  line  of  the  clearing,  and  from 
the  outer  edge  of  the  trenches  when  the  railroad  is  on  a  level.  In  the 
absence  of  these  lines  the  distance  of  20  meters  shall  be  counted  from 
a  line  parallel  to  the  outer  rail  at  a  meter  and  a  half  from  the  same. 

ART.  5.  The  farmers  of  the  land  adjoining  the  road  shall  incur  the 
penalty  provided  for  in  article  24  of  the  law  whenever,  by  reason  of 
their  plantings,  works  of  cultivation,  or  in  any  other  manner  whatso- 
ever they  injure  the  inclosures  or  the  supporting  walls,  the  braces 
of  the  culverts,  the  abutments  of  the  bridges,  and  other  works  of 
railroads. 

3 

381495 


ART.  6.  Article  24  of  the  KTC  shall  be  applied  not  only  to  the 
farmers  who,  ii?  tl-c  verli  of  cultivation  and  improvement  of  the  fields 
adjoining  the  railroad,  should  throw  in  the  trenches  earth,  manure, 
leaves,  or  any  other  material  which  might  prevent  the  free  course  of 
water,  but  also  to  shepherds  and  ranchmen  who,  in  the  care,  grazing, 
or  driving  of  their  cattle,  cause  the  same  damage. 

ART.  7.  The  owners  or  lessors  of  lands  adjoining  railroads  shall 
not— 

1.  Obstruct  the  free  course  of  water  proceeding  from  the  railroad,  by 
constructing  ditches,  roads,  or  bypaths,  or  by  raising  their  embank- 
ments. 

2.  Cut  trees  within  a  zone  of  20  meters  on  either  side  of  the  rail- 
road without  previous  permission  from  the  local  authority  and  exam- 
ination by  the  technical  inspection. 

3.  Pull  out  roots  or  remove  earth  from  the  slopes  or  lands  adjoining 
the  roads,  which  may  cause  a  caving  in  of  the  land,  and  directly  or 
indirectly  obstruct  or  embarrass  traffic. 

The  works  necessary  for  the  repair  of  this  damage  shall  be  con- 
structed at  the  expense  of  the  offender  without  prejudice  to  the  penal- 
ties which  he  may  have  incurred  according  to  the  foregoing  articles. 

ART.  8.  The  owners  or  drivers  of  vehicles,  horses,  or  cattle,  may 
not,  even  for  the  purpose  of  entering  adjoining  lands,  or  to  leave  them, 
cross  railroads,  except  at  the  points  fixed  for  that  purpose.  This  pro- 
hibition also  includes  owners  or  drivers  of  carriages  and  shepherds  or 
cattlemen  who  leave  their  horses  or  cattle  free  and  graze  them  on  the 
lands  adjoining  the  railroads. 

ART.  9.  No  sheds,  covers,  or  movable  stands  shall  be  allowed  in 
the  zone  of  the  railroads,  even  for  the  sale  of  food,  if  their  owners  have 
not  previously  obtained  the  proper  permission  from  the  competent 
authority. 

ART.  10.  Whosoever  willfully  or  by  omission  or  negligence  shall 
damage  or  destroy,  with  his  cattle  or  vehicles,  the  works  or  dependen- 
cies of  railroads,  such  as  parapets,  copings  or  walls,  kilometric  posts, 
telegraph  posts,  wires  and  insulators,  signal  posts,  signs,  time-tables 
for  the  public,  and  the  pipes  and  water  deposit,  shall  incur  the  penalty 
mentioned  in  article  21  of  the  law. 

Said  article  is  also  applicable  to  those  who  without  proper  authority 
shall  cut  or  destroy  trees  planted  in  the  zone  fixed  in  article  4  on 
either  side  of  the  railroad. 

ART.  11.  Nobody  shall  construct  dams  or  works,  open  canals  for 
taking  or  leading  waters,  erect  buildings,  walls,  culverts,  or  other 
works  within  the  zone  of  20  meters,  measured  in  the  manner  stated  in 
article  4,  without  previous  authorization. 

This  zone  of  20  meters  shall  be  measured  at  stations  from  the  inclos- 
ure  or  boundary  which  limits  the  land  belonging  to  the  station. 

ART.  12.  Petitions  to  construct  or  rebuild  in  railroad  zones  shall  be 


addressed  to  the  mayors  of  the  respective  towns,  stating  therein  the 
site,  purpose,  and  details  of  the  proposed  work. 

The  mayor  shall  forward  them  immediately,  with  his  report  and  the 
remarks  he  may  consider  proper,  to  the  technical  inspection,  which,  after 
an  examination  and  hearing  of  the  company,  shall  determine  the  dis- 
tance between  the  road  and  the  work,  fixing  the  alignment  and  the 
precautions  and  technical  conditions  to  be  observed,  which  must  be 
complied  with  in  the  construction. 

It  is  obligatory  for  the  persons  interested  to  submit  the  plans  of  the 
work  to  the  technical  inspection,  whenever  it  shall  deem  it  convenient 
to  examine  the  same. 

ART.  13.  If  the  technical  inspection  and  the  mayor  agree  as  to  the 
proposed  constructions  in  the  zones  of  the  road,  the  latter  shall  imme- 
diately grant  the  permission  requested. 

Should  they  disagree,  and  the  interested  party  object  to  the  condi- 
tions proposed  by  the  inspection,  the  proceedings  shall  be  submitted 
to  the  governor  of  the  province,  who,  after  hearing  the  permanent 
committee  of  the  provincial  deputation,  shall  decide  what  he  may  con- 
sider proper. 

In  case  any  of  the  parties  should  be  dissatisfied  with  his  decision  the 
colonial  department  shall  decide  finally,  through  the  administrative 
channel,  without  further  remedy. 

ART.  14.  After  a  report  or  communication  from  the  technical  inspec- 
tion the  mayor  shall  order  the  works  which  may  have  been  constructed 
in  the  zone  of  the  railroad  without  proper  permission  to  be  demolished 
as  well  as  those  constructed  after  the  granting  of  the  latter  which  do 
not  fulfill  the  required  conditions. 

ART.  15.  If  the  houses  or  other  buildings  erected  in  any  part  within 
the  zone  of  easement  of  the  railroad,  measured  in  the  manner  pre- 
scribed by  articles  4  to  11,  and  especially  if  the  walls  at  the  sides  of 
the  roads  threaten  to  fall,  the  company  shall  at  once  inform  the 
technical  inspection,  so  that  it  may  immediately  proceed  to  the  exam- 
ination. 

If  the  latter  should  show  their  bad  condition  or  insecurity,  the  tech- 
nical inspection  shall  inform  the  mayor,  stating  whether  the  ruin  is  or 
is  not  imminent,  and  whether  the  building  is  among  those  the  wall  of 
which  must  be  moved  back. 

ART.  16.  The  prohibition  imposed  by  article  3  of  the  law  to  erect 
within  3  meters  distance  from  the  railroad  any  other  construction  but 
a  wall  or  fence  includes  a  prohibition  to  open  in  the  same  doors,  windows, 
or  any  other  openings  which  may  face  the  road. 

ART.  17.  The  plans  of  works  which  cross  the  roads  or  impose  an 
easement  thereon,  more  or  less  directly,  shall  be  submitted  to  the 
approval  of  the  secretary  of  public  works,  who  shall  decide,  after  hear- 
ing the  company,  the  engineer  in  chief  of  the  technical  inspection,  and 
the  governor  of  the  province. 


6 

ART.  18.  By  all  possible  means  the  company  shall  insure — 

1.  The  maintenance  in  good  condition  of  the  railroad  and  of  all  its 
appurtenances. 

2.  The  care  and  service  of  the  gates  at  grade  crossings. 

3.  The  supervision  and  proper  working  of  the  switches  in  the  changes 
and  crossings  of  the  road  and  in  the  signals  adopted,  in  daytime  as 
well  as  at  night. 

4.  The  lighting  of  the  stations  and  grade  crossings,  which  the  secre- 
tary of  public  works  shall  fix,  from  sunset  until  the  last  train  has 
passed. 

5.  The  lighting  of  the  tunnels,  which  shall  also  be  fixed  by  the  gov- 
ernment, and  which  shall  be  constantly  lighted  while  the  road  is  in 
operation. 

ART.  19.  For  the  more  exact  enforcement  of  the  provisions  of  the 
foregoing  article,  there  shall  be  at  all  the  points  considered  necessary 
road  keepers,  switch  tenders,  and  watchmen,  day  and  night,  in  suffi 
cient  number  to  insure  the  safety  of  the  trains  and  the  success  of  the 
service. 

During  the  time  these  employees  are  on  duty  they  shall  never  leave 
their  posts  without  express  authority  thereto  from  the  chief  on  whom 
they  depend,  and  not  without  having  been  previously  substituted. 

ART.  20.  When,  in  the  opinion  of  the  department  of  public  works, 
the  means  adopted  by  the  company  are  insufficient  to  insure  the  safety 
of  the  service,  it  shall  adopt,  of  its  own  accord,  after  hearing  the  com- 
pany, the  measures  which  in  each  case  it  may  deem  proper  and  which 
are  required  by  the  interests  of  the  public. 

ART.  21.  The  technical  inspection,  in  accordance  with  the  company, 
shall  organize  the  service  and  police  of  the  gates  in  the  most  convenient 
manner. 

ART.  22.  Whenever  it  is  necessary  for  the  maintenance  of  the  works 
or  for  the  safety  of  persons  or  merchandise  to  open  outer  ditches,  erect 
defenses  and  trenches,  or  to  undertake  other  works  of  the  same  char- 
acter, the  company  shall  proceed  immediately  to  their  construction,  at 
the  points  fixed  by  the  Government. 

ART.  23.  The  chiefs  of  the  divisions  of  railroads,  when  the  conces- 
sionnaires  or  lessors  within  the  period  fixed  do  not  repair  the  damages 
or  do  not  have  the  works  completed,  shall,  after  an  order  from  the  gen- 
eral direction  of  public  works,  repair  said  damages  or  injuries  or  con- 
struct the  work  necessary  under  the  administration  system.  The 
governor  shall  order  the  attachment  of  the  funds  of  the  neighboring 
stations  to  meet  the  payment  of  the  said  works  or  repairs.  A  receipt 
for  the  funds  attached  shall  be  issued  to  the  station  masters.  These 
documents  shall  be  afterwards  exchanged  for  the  verified  accounts  of 
expenses  in  the  manner  in  which  the  works  of  the  State  are  vouched 
for.  If  there  be  opposition  to  the  seizure  of  the  funds,  aid  shall  be 
asked  of  the  governor  of  the  province,  who  shall  furnish  it,  even  if  it 
be  with  the  troops  under  his  command. 


ART.  24.  The  division  of  the  line  in  kilometers,  the  grades,  the  radii 
and  length  of  the  curves,  shall  be  fixed  according  to  the  provisions 
ordered  by  the  secretary  of  public  works.  They  should  be,  when- 
ever possible,  on  the  right  of  the  road,  and  starting  from  Madrid,  as  a 
central  point,  to  the  coasts  and  frontiers. 

CHAPTER  III. 
STATIONS. 

ART.  25.  Every  station  shall  have  on  its  principal  fa$ade  an  inscrip- 
tion stating  its  name,  and  a  clock  for  the  regulation  of  the  service'  of 
the  same  and  the*  movement  of  trains. 

All  of  the  clocks  of  the  line  shall  be  regulated  daily  by  the  time  of 
the  meridian  of  Madrid  whenever  the  line  connects  with  that  court 
without  a  break ;  and  should  there  be  one,  they  shall  be  regulated  by 
that  of  the  most  important  station. 

All  the  passages  for  pedestrians,  vehicles,  arid  horses  shall  also  have 
signs,  so  that  all  the  bureaus,  offices,  warehouses,  workshops,  and  other 
dependencies  of  the  company  may  be  known. 

ART.  26.  Any  ticket  with  changes  or  erasures  shall  be  refused  as 
worthless. 

ART.  27.  The  railroad  administration,  to  insure  the  safety  of  baggage, 
packages,  and  merchandise,  shall  issue  to  their  owners,  or  to  those  in 
charge  of  the  same  who  may  represent  the  former,  proper  receipts, 
stating  therein  the  number  and  kind  of  packages  delivered,  the  trans- 
portation rate  charged,  and  any  other  matters  which  may  be  consid- 
ered necessary  for  the  better  carrying  out  of  this  service. 

In  these  receipts  the  time  according  to  the  regulations  within  which 
the  baggage,  packages,  or  merchandise  are  to  reach  their  destination 
must  be  stated. 

ART.  28.  In  the  most  public  places  of  each  station  the  announce- 
ment of  the  office  hours,  the  hours  for  the  sale  of  tickets,  as  well  as 
the  time  tables  and  rates,  shall  be  constantly  on  view. 

ART.  29.  All  the  stations  shall  have  a  superior  chief,  to  whom  all  the 
other  employees  of  the  same  shall  be  subordinate. 

ART.  30.  There  shall  be  in  the  stations  designated  by  the  depart- 
ment of  public  works — 

1.  Departments  for  the  officers  of  inspection  and  telegraph. 

2.  A  depository,  in  the  manner  determined  by  the  company,  where 
lost  articles  belonging  to  travelers  shall  be  securely  taken  care  of. 

3.  A  medicine  chest,  bandages,  and  other  articles  required  in  case  of 
accidents. 

ART.  31.  It  is  incumbent  on  the  governors  of  provinces  to  adopt  all 
the  proper  measures  for  the  best  order  and  police  of  stations,  the  entry, 
movement,  and  stoppage  in  the  yards  of  public  and  private  convey- 
ances used  to  transport  passengers  and  merchandise j  but  their  deci- 


8 

sions  shall  not  be  final  until  they  have  obtained  the  approval  of  the 
department  of  public  works. 

All  privilege  and  favor  of  common  carriers  as  to  entry,  movement, 
and  stoppage  in  the  neighborhood  of  the  stations  are  prohibited. 

CHAPTEK  IV. 

MATERIAL  EMPLOYED  IN  THE  OPERATION. 

ART.  32.  The  number  of  locomotives,  tenders,  and  other  vehicles  to 
be  used  in  the  service  shall  be  determined  in  the  articles  of  conditions 
of  the  concession. 

If  for  the  best  public  service  it  should  be  necessary  to  increase  this 
rolling  stock,  the  department  of  public  works,  after  hearing  the  company, 
shall  take  such  action  as  may  be  proper  to  obtain  the  same. 

ART.  33.  The  locomotives  shall  always  be  provided  with  the  neces- 
sary apparatus  to  prevent  all  danger  from  fire,  and  shall  never  be  used 
until  after  examination  by  the  technical  inspection. 

When  by  reason  of  wear  or  any  other  cause  a  locomotive  should  have 
been  withdrawn  from  use,  it  shall  not  again  be  employed,  even  after 
being  repaired,  without  an  examination  by  and  express  authority  from 
the  technical  inspection. 

ART.  34.  The  axles  of  locomotives,  tenders,  cars,  and  other  rolling 
stock  of  the  company  shall  be  tilted,  strong  and  compact,  of  smooth 
surface,  without  ridges  or  indentations,  and  perfectly  adapted  to  the 
service  to  be  rendered. 

ART.  35.  Never  under  any  pretext  whatsoever  shall  cast-iron  wheels 
be  used,  but  cast-steel  wheels  may  be  used.  In  freight  trains,  as  well 
as  in  trains  which  travel  at  a  slow  rate  of  speed,  wheels  with  forged 
tires  may  be  used  after  authority  from  the  Government. 

ART.  36.  All  the  companies  shall  enter  in  folioed  registers  the  loco- 
motives in  use,  stating  the  day  they  began  service,  the  work  done,  the 
repairs  or  changes  made,  and  the  successive  renewal  of  their  different 
parts. 

In  these  entries  there  shall  also  be  included  the  observations  and 
remarks  deemed  necessary  to  form  the  statistics  of  the  rolling  stock  in 
use  by  the  railroad. 

ART.  37.  In  other  special  registers,  different  from  those  mentioned  in 
the  foregoing  article,  a  full  entry  shall  be  made  of  the  axles  of  the 
locomotives  and  tenders,  entering  at  the  margin  the  ordinal  number  of 
each  one,  the  manufacturer  thereof,  the  day  they  were  first  used,^Uie 
tests  to  which  they  were  submitted,  their  constant  and  periodic  work, 
and  the  accidents  and  various  repairs.  For  this  purpose  each  axle 
shall  have  its  number  engraved  thereon. 

These  registers,  always  kept  with  the  greatest  possible  exactness, 
shall  be  presented  by  the  companies  to  the  engineers  in  charge  of  the 
technical  inspection  whenever  they  may  deem  it  proper  to  examine 
them. 


9 

ART.  38.  Only  the  persons  employed  for  the  purpose  by  the  company 
shall  fire  locomotives. 

When  ready  for  use,  one  engineer  or  fireman  shall  constantly  remain 
on  the  platform  of  the  locomotive  wherever  it  may  be,  on  the  main  line 
as  well  as  on  the  branches. 

ART.  39.  The  tenders,  besides  the  conditions  of  solidity  and  safety, 
shall  have  the  necessary  capacity  to  contain  larger  quantities  of  water 
and  fuel  than  those  which  the  accompanying  locomotives  can  consume 
during  the  run  from  one  deposit  to  another.  They  shall  also  have  the 
room  necessary  to  carry  a  box  of  such  tools  and  implements  as  maybe 
determined  upon. 

ART.  40.  The  cars  to  be  used  for  the  transportation  of  passengers 
shall  not  be  used  without  the  authorization  of  the  technical  inspection. 

This  authorization  shall  be  granted  when  it  is  acknowledged,  in  the 
manner  determined  by  the  government,  that  they  have  all  the  requi- 
sites for  the  safety  and  comfort  of  the  passengers. 

ART.  41.  The  place  assigned  each  passenger  shall  be  at  least  45  cen- 
timeters wide,  65  centimeters  long,  and  1  meter  45  centimeters  high, 
measured  from  the  seat. 

In  the  interior  of  all  passenger  cars  there  shall  be  a  sign,  stating  not 
only  the  number  and  letter  of  the  car  according  to  its  class,  but  also 
the  number  of  its  seats,  the  divisions  being  clearly  made,  as  well  as  a 
frame  containing  such  part  of  these  regulations  as  relates  to  passengers. 

ART.  42.  All  the  locomotives,  tenders,  and  cars  of  a  train  shall  have — 

1.  The  name  or  initials  of  the  railroad  to  which  they  belong. 

2.  Their  ordinal  numbers. 

3.  If  they  be  passenger  cars,  the  class  to  which  they  belong. 

ART.  43.  The  company  shall  constantly  keep  in  good  condition  the 
rolling  stock,  in  proportion  to  the  extent  and  special  needs  of  the  line. 

ART.  44.  The  administration  shall  have  exclusive  jurisdiction  of  all 
appeals  which  may  be  brought  against  the  decisions  of  the  technical 
inspection,  the  object  of  which  should  be  to  abandon  that  part  of  the 
stock  which  is  useless,  to  order  necessary  repairs,  and  to  adopt  such 
measures  as  may  be  required  for  the  good  order  and  safety  of  the 
service. 

CHAPTER  V. 

FORMATION   OF   TRAINS. 

ART.  45.  The  department  of  public  works,  at  the  suggestion  of  the 
company,  shall  determine  for  the  different  points  of  the  line,  and  as 
circumstances  may  require: 

1.  The  speed. 

2.  The  maximum  number  of  cars. 

3.  The  maximum  of  weight  to  be  carried  in  freight  trains. 

4.  The  number  and  weight  of  the  cars  with  brakes,  and  the  place 
they  are  to  occupy  in  the  train,  the  last  car  in  a  train  being  necessarily 
of  this  class. 


10 

ART.  46.  Every  engineer  running  an  engine  shall  have  the  necessary 
means  to  make  the  signals  prescribed  by  the  regulations. 

ART.  47.  The  number  of  passenger  coaches  of  each  train  shall  be  in 
accordance  with  the  regulations  governing  the  running  of  the  same. 
Nevertheless,  all  necessary  trains  shall  be  run  so  as  to  enable  all  those 
who  desire  to  travel  to  do  so. 

If  the  company  should  be  authorized  to  make  use  of  two  tracks,  the 
maximum  number  of  coaches  which  each  passenger  train  may  have 
shall  be  24. 

For  this  purpose  there  shall  be  established  at  different  points  of  the 
line  depots  of  cars,  the  trains  being  completed  with  these  cars  when 
the  number  of  passengers  and  the  best  public  service  demand  it. 

ART.  48.  Locomotives  shall  always  be  at  the  heads  of  trains.  Never- 
theless, this  order  may  be  changed,  if  convenient,  in  order  to  facilitate 
and  render  safer  the  necessary  movements  in  the  vicinity  of  stations 
and  in  cases  of  aid,  in  which  cases  the  speed  shall  not  exceed  25  kilo- 
meters per  hour. 

ART.  49.  In  placing  the  cars  forming  passenger  and  mixed  trains 
there  shall  be  observed  the  provisions  which  have  been  issued  or  which 
may  hereafter  be  issued  on  the  subject  by  the  Department  of  Public 
Works,  on  the  recommendation  of  the  company. 

ART.  50.  Only  in  accordance  with  the  instructions  issued  by  the 
department  of  public  works,  and  under  the  conditions  it  may  deem 
proper,  may  the  cars  of  common  carriers  form  part  of  trains. 

ART.  51.  The  carrying  in  passenger  cars  of  all  materials  which  may 
cause  explosions  or  fires  is  prohibited. 

ART.  52.  The  coaches  and  cars  which  make  up  a  train  shall  have  the 
buffers  at  the  same  height,  and  the  centers  of  these  at  equal  distances, 
so  that  they  may  constantly  be  in  contact  without  being  forced. 

ART.  53.  The  coupling  pins  as  well  as  the  brakes  shall  always  be 
kept  perfectly  clean  and  oiled. 

ART.  54.  Every  train  shall  be  drawn  by  a  single  engine,  except  in 
cases  of  aid  on  account  of  damage  or  other  serious  reasons,  when  another 
engine  may  be  employed,  as  well  as  in  the  cases  where  the  company 
may  have  been  previously  authorized  thereto  by  the  Government. 

ART.  55.  More  than  two  fired  locomotives  shall  never  be  placed  in  a 
passenger  train,  and  as  a  general  rule  they  both  shall  be  placed  at  the 
head  of  the  train,  although  in  special  cases,  and  always  with  the 
authorization  of  the  Department  of  Public  Works,  a  different  disposi- 
tion may  be  made.  At  the  head  and  following  the  tenders  there  shall 
be  one  or  two  cars  which  do  not  carry  passengers,  according  to  whether 
one  or  two  locomotives  are  attached. 

At  the  end  of  the  train  another  car,  without  passengers,  shall  always 
be  placed,  unless  the  company  is  authorized  by  the  Government  to 
leave  out  the  end  car.  In  passenger  trains  there  shall  always  be  a  car 
with  a  water-closet. 


11 

ART.  56.  In  a  special  register  the  causes  which  may  have  occasioned 
the  employment  of  two  engines  in  the  same  train  shall  be  stated  when- 
ever the  company  is  not  authorized  to  do  so,  also  stating  the  time  thus 
employed  and  the  reasons  justifying  it. 

Those  charged  with  the  surveillance  of  the  service  may  examine 
these  reasons  and  other  memoranda  referring  to  it  whenever  it  is 
required  by  the  best  public  service. 

ART.  57.  In  due  time  and  after  full  inspection  the  engineer  shall 
satisfy  himself  that  the  locomotive  and  tenders  intrusted  to  him  are  in 
good  serviceable  condition  and  are  provided  with  the  necessary  spare 
parts. 

ART.  58.  The  chiefs  of  trains,  immediately  on  receiving  them,  shall 
examine  them  with  the  greatest  care  in  order  to  assure  themselves  that 
they  are  ready  for  service. 

ART.  59.  When  there  is  insufficient  freight  in  the  car  of  the  chief  of 
the  train  it  shall  be  filled  with  ballast  up  to  the  weight  of  2,000 
kilograms. 

ART.  60.  The  chief  of  the  train,  the  brakemen,  and  the  engineer  shall 
be,  as  far  as  practicable,  in  communication  during  the  run,  so  as  to  be 
able  to  give  a  signal  of  alarm  in  case  of  accident. 

ART.  61.  Trains  in  motion  shall  carry  the  lights  and  signals  men- 
tioned in  the  regulations  of  August  8, 1872,  or  in  the  regulations  which 
may  in  the  future  be  issued  by  the  department  of  public  works,  after 
hearing  the  companies. 

ART.  62.  The  passenger  cars  shall  be  lighted  inside  at  night,  and 
also  during  the  day  when  going  through  the  tunnels,  determined  by 
the  Government,  all  preparations  being  made  for  that  purpose  in  the 
nearest  station,  according  to  the  run. 

ART.  63.  Before  a  train  starts,  the  employees  who  are  to  go  with  it 
shall  punctually  occupy  their  proper  places,  and  in  due  time  the  sta- 
tion master  shall  give  the  signal  which  informs  them  to  take  their 
places,  the  engineer  finally  repeating  it  with  a  whistle. 

ART.  64.  At  such  points  of  the  line  as  the  department  of  public 
works  may  designate,  after  hearing  the  company,  there  shall  be  loco- 
motives for  aid  or  in  reserve,  always  fired  and  ready  for  service,  by 
day  as  well  as  by  night. 

ART.  65.  Special  regulations  drawn  up  by  the  Government,  after 
hearing  the  companies,  shall  determine  the  service  of  the  locomotives 
specially  devoted  to  aid,  without  loss  of  time,  for  trains  delayed,  or  in 
difficulties,  or  for  any  reason  whatsoever. 

At  the  point  in  the  station  where  the  auxiliary  locomotives  are 
placed  there  shall  always  be  a  repair  car  with  the  tools  and  outfit, 
which,  in  the  opinion  of  the  Government,  may  be  considered  necessary. 
The  trains  which  may  be  used  for  the  speedy  aid  of  passengers  and 
trains  in  cases  of  accidents  shall  also  have  a  repair  car. 


12 


CHAPTER  VI. 

PROVISIONS  RELATING  TO  RUNS  AND  STOPPAGES  AT  INTERMEDIATE 
STATIONS  AND  ARRIVALS  OF  TRAINS. 

ART.  66.  At  the  request  of  the  companies,  the  department  of  public 
works  shall  determine  the  running  of  the  trains  and  of  single  engines 
on  double-track  roads,  as  well  as  the  turn-outs  in  single-track  roads. 

ART.  67.  No  train  shall  start  from  the  station  before  the  hour  desig- 
nated in  the  time-table. 

ART.  68.  The  existing  provisions,  or  those  which  may  hereafter  be 
issued  by  the  department  of  public  works,  shall  be  enforced  as  to  the 
time  which  must  elapse  between  the  starting  of  a  train  to  the  next  one 
which  must  follow  according  to  the  schedule. 

In  the  time  between  two  trains  no  other  trains  or  single  engines 
shall  be  allowed  to  leave,  except  in  cases  of  aid  and  succor,  or  when 
the  company  is  authorized  thereto  by  the  Government. 

ART.  69.  In  the  vicinity  of  stations  signals  shall  be  placed  which 
shall  immediately  inform  the  engineers  whether  or  not  they  may  bring 
their  locomotives  into  the  station. 

The  engineer  shall  stop  the  train  as  soon  as  he  observes  the  signal 
to  do  so. 

ART.  70.  Only  in  cases  of  accident  or  force  majeure,  or  repair  of  the 
line,  shall  trains  stop  on  the  main  line. 

ART.  71.  The  existing  provisions  or  those  hereafter  adopted  by  the 
department  of  public  works  shall  be  enforced,  after  hearing  the  com- 
panies, in  order  to  determine — 

1.  The  special  measures  of  precaution  and  safety  which  may  be 
deemed  necessary  for  the  running  of  trains  on  up  or  down  grades, 
tunnels,  and  curves. 

2.  The  highest  speed  of  passenger  and  freight  trains  on  the  different 
sections  of  the  line. 

3.  The  time  to  be  employed  in  making  runs. 

4.  The  precautions  which  should  be  adopted  for  the  dispatch  and 
running  of  special  trains. 

ART.  72.  When  a  company  decides  to  run  a  special  train,  it  shall 
advise  the  inspections,  stating  the  reason  for  the  run  and  the  hour  of 
departure,  the  company  being  liable  for  any  accident  which  may  occur. 

The  departure  of  these  special  trains  shall  always  be  announced  by 
telegraph  to  all  the  stations. 

ART.  73.  Whenever,  for  any  reason  whatsoever,  trains  or  single 
engines  stop  on  lines,  signals  indicating  it  shall  be  placed  800  meters 
on  either  side  of  this  point. 

ART.  74.  The  signal  system  shall  conform  to  the  provisions  of  the 
regulations  in  force,  or  those  which  may  hereafter  be  issued  by  the 
department  of  public  works,  after  hearing  the  companies. 


13 

ART.  75.  At  a  distance  of  500  meters  from  a  crossing  with  another 
railroad  or  tramway  the  engineer  shall  slow  up,  so  that  he  may  come  to 
a  full  stop  before  reaching  that  point  if  the  circumstances  require  it. 

ART.  76.  The  department  of  public  works,  after  hearing  the  com- 
pany, shall  designate  the  points  where  signals  are  to  be  placed,  show- 
ing the  direction  in  which  switches  are  turned. 

ABT.  77.  When  the  trains  approach  stations  where  they  must  stop, 
the  engineer  shall  moderate  the  speed  at  such  a  distance  as  he  may 
deem  necessary,  so  that  it  shall  not  pass  the  station  platform  where 
the  passengers  are  to  alight. 

He  may  also,  according  to  circumstances,  stop  the  locomotive  before 
reaching  said  point,  afterwards  reaching  it  by  running  it  again. 

ABT.  78.  The  engineer  shall  slow  up  not  only  in  large  cuts  wlrere 
there  are  curves,  but  also  at  other  points  of  the  line  which  do  not  per- 
mit a  large  surface  of  the  road  to  be  seen. 

ART.  79.  When,  because  of  unavoidable  accidents,  the  locomotive 
runs  with  the  tenders  ahead,  whether  alone  or  with  the  train,  the 
engineer  shall  take  the  greatest  precautions,  the  speed  in  such  cases 
not  exceeding  30  kilometers  per  hour. 

ART.  80.  When  the  engineer  approaches  stations,  grade  crossings, 
curves,  cuts,  or  tunnels,  he  shall  sound  the  steam  whistle  to  announce 
the  approach  of  the  train. 

The  same  signal  shall  always  be  repeated  when  there  is  doubt  as  to 
whether  the  line  is  completely  clear. 

ART.  81.  On  the  arrival  of  trains  at  stations  their  names  and  the 
time  of  the  stop  shall  be  repeatedly  and  loudly  announced. 

ART.  82.  While  the  trains  remain  in  the  stations  they  shall  be  in 
charge  of  the  station  master,  who  shall  during  that  time  be  responsi- 
ble for  whatever  happens  in  his  station. 

ART.  83.  The  chief  of  the  train  in  motion  is  the  chief  of  all  the 
employees  thereon,  including  the  engineer  and  fireman. 

ART.  84.  When  two  locomotives  draw  the  same  train,  the  person  who 
has  charge  of  the  first  one  shall  regulate  the  speed. 

The  second,  locomotive  shall  act  only  as  an  additional  force,  and  as  a 
mere  auxiliary. 

ART.  85.  The  engineer  who  runs  a  locomotive  without  a  train  shall 
always  do  so  on  his  own  responsibility,  and  the  fireman  shall  obey  the 
signals  ordered  by  the  former  in  accordance  with  the  regulations. 

ART.  86.  The  engineer  and  fireman  in  charge  of  the  service  shall  be 
the  only  persons  on  the  locomotive. 

From  this  prohibition  are  excepted  only  the  engineers  in  charge  of 
the  technical  inspection,  their  assistants  who  have  an  order  or  author- 
ization of  their  chief,  and  the  agents  of  the  company  duly  authorized 
for  the  purpose. 

In  every  case  special  care  shall  be  taken  that  the  number  of  persons 
shall  never  be  in  the  way  of  the  handling  and  best  service  of  the 
engine. 


14 

•• 

ART.  87.  The  secretary  of  public  works  shall  designate  the  stations 
in  which  records  of  the  delays  of  trains  shall  be  kept,  as  determined 
by  each  company.  In  these  records  the  nature  and  make-up  of  the 
trains  shall  be  stated,  the  numbers  of  the  locomotives  drawing  them, 
the  hours  of  their  departure  and  arrival,  and  the  causes  and  duration 
of  the  delays. 

The  agents  in  charge  of  the  inspections  may  examine  these  records 
whenever  theydeeni.it  advisable,  for  the  better  fulfillment  of  these 
duties. 

ART.  88.  By  the  quickest  and  most  expeditious  means  at  their  dis- 
posal the  chiefs  of  trains  in  motion  shall  advise  the  master  of  the  next 
station  of  any  accident  which  may  occur,  who  shall  immediately  com- 
municate the  same  to  the  inspections  in  charge  of  the  surveillance  of 
the  line,  and,  in  a  proper  case,  to  the  superior  authority  of  the  locality. 

ART.  89.  The  urgent  measures  adopted  by  the  respective  governors 
on  the  recommendation  of  the  inspections,  and  referring  to  the  safety 
of  the  trains,  shall  be  obligatory  for  the  companies  when  said  measures 
shall  have  been  communicated  to  their  directors. 

ART.  90.  Thirty  days  before  the  date  on  which  it  is  to  go  into  opera- 
tion a  sufficient  number  of  copies  of  the  schedule  of  all  trains  shall  be 
sent  to  the  chiefs  of  the  technical  and  administrative  inspections,  who, 
with  their  report,  shall  forward  them  to  the  general  direction  of  public 
works,  commerce,  and  mines,  within  the  next  ten  days,  for  its  approval, 
or  in  order  that  it  may  make  the  changes  it  may  deem  proper. 

ART.  91.  Before  approving  a  new  schedule  of  trains  for  a  line  the 
railroad  companies  which  are  affected  thereby  must  agree,  and  the  con- 
sent of  the  department  of  the  interior  must  be  previously  obtained  in 
all  that  refers  to  the  service  of  the  trains  which  are  to  carry  public 
mails. 

ART.  92.  If  the  department  of  public  works,  after  receiving  the 
schedule  of  these  trains,  shall  allow  the  thirty  days  designated  in 
article  90  to  elapse  without  giving  any  answer  whatsoever  to  the  com- 
panies, the  latter  shall  put  it  in  force,  considering  it  approved. 

ART.  93.  When  a  new  system  in  the  service  of  the  railroad  is  adopted, 
or  the  one  established  is  partly  changed,  the  public  shall  be  notified  at 
least  eight  days  in  advance  not  only  as  to  the  hours  of  departure  of 
the  trains  and  of  their  arrival  at  the  stations,  but  also  of  the  points  at 
which  they  are  to  stop. 

OHAPTEE  VII. 

PROVISIONS  RELATING  TO  PASSENGERS  AND  TO  PERSONS  NOT  IN  THE 

RAILROAD  SERVICE. 

ART.  94.  Admittance  into  the  inclosures  of  railroads  is  generally 
prohibited  to  all  persons  not  employed  in  the  service. 
From  this  provision  are  excepted — 
1.  The  superior  authorities  of  a  province. 


15 

2.  The  local  authorities. 

3.  The  engineer  and  other  employees  charged  with  the  surveillance 
of  the  railroad. 

4.  Soldiers  and  customs  officers  and  police  agents,  when  they  appear 
with  the  express  permission  of  the  competent  authority,  in  order  to 
perform  some  service. 

5.  Persons  who  obtain  permission  from  the  companies. 

ART.  95.  The  passenger  who  does  not  present  the  ticket  entitling  him 
to  occupy  a  seat  in  trains,  or,  having  one  of  a  lower  class  occupies  one 
of  a  higher  class,  shall  in  the  first  case  pay  double  fare,  according  to 
the  schedule  of  rates,  and  in  the  second  case  twice  the  difference 
between  fares  computed  from  the  station  at  which  he  entered  the  train 
to  his  destination. 

If  the  passenger  does  not  prove  where  he  entered  the  train,  the  double 
fare  shall  be  computed  by  the  distance  from  the  place  where  the  last 
examination  of  tickets  was  made. 

ART.  96.  In  case  a  passenger  goes  beyond  the  place  indicated  in  his 
ticket,  he  shall  only  pay  the  excess  corresponding  to  the  greater  dis- 
tance traveled,  provided  he  informs  the  chief  of  the  train  before  start- 
ing from  the  station  stated  in  his  ticket. 

If  this  notice  shall  not  have  been  previously  given,  he  shall  pay 
double  the  amount  of  the  excess  of  the  distance  which  he  may  have 
traveled  without  a  ticket. 

ART.  97.  The  passenger,  who  on  account  of  the  lack  of  coaches, 
should  be  obliged  to  go  into  one  of  a  higher  class  than  the  one  to  which 
he  is  entitled  by  his  ticket,  shall  pay  nothing  to  the  company  on 
account  of  the  higher  fare. 

If,  on  the  contrary,  he  should  be  obliged  to  occupy  a  seat  of  a  lower 
class,  the  company  shall  refund  to  him  the  amount  of  his  ticket  as 
soon  as  his  trip  ends. 

ART.  93.  It  is  absolutely  prohibited — 

1.  To  enter  or  leave  the  cars  by  any  other  exit  than  that  opening 
onto  the  platforms. 

2.  To  pass  from  one  car  to  another  or  to  lean  out  of  the  car  while  it 
is  in  motion. 

3.  To  enter  or  leave  cars  except  at  stations  and  when  the  train  shall 
have  come  to  a  full  stop. 

4.  To  board  cars  while  the  train  is  in  motion. 

5.  To  admit  into  cars  more  passengers  than  can  be  furnished  with 
seats. 

ART.  99.  No  intoxicated  person  shall  be  permitted  to  enter  cars,  nor 
any  one  carrying  loaded  firearms,  or  packages  which,  on  account  of 
their  shape,  size,  or  bad  odor,  may  inconvenience  the  passengers. 

Nor  shall  any  person  with  a  firearm  be  allowed  on  the  platform  with- 
out first  proving  that  it  is  not  loaded. 

ART.  100.  Passengers  have  a  right  to  compel  the  ejection  from  the 
car,  by  the  employees  of  the  company  or  of  the  Government,  of  anyone 


16 

misbehaving,  or  who,  by  word,  or  action,  is  offensive,  or  shall  interfere 
with  the  order  established,  or  cause  disturbances  or  quarrels,  as  well  as 
those  who  smoke  in  a  car  not  reserved  for  smokers. 

ART.  101.  The  companies  shall  always  reserve  one  or  more  first-class 
sections  in  passenger  trains  for  ladies  who,  traveling  alone,  may  request 
it,  and  another  section  in  which  smoking  shall  be  allowed. 

These  sections  shall  be  designated  by  signs  stating  their  purpose. 

ART.  102.  Dogs  are  not  allowed  in  passenger  coaches;  nevertheless, 
the  company  may  admit,  in  special  cars,  persons  who  do  not  desire  to 
part  from  their  dogs,  provided  the  latter  are  muzzled. 

ART.  103.  If  any  passenger  violates  the  provisions  of  these  regula- 
tions the  agent  of  the  administrative  inspection,  or,  in  his  absence,  the 
station  masters  or  train  chiefs,  shall  warn  him  in  due  season,  and,  when 
the  gravity  of  the  case  requires  it,  institute  the  proper  investigation  in 
order  to  establish  the  facts. 

ART.  104.  In  order  that  the  passengers  may  make  their  claims,  not 
only  against  the  company,  but  also  against  its  agents  and  employees, 
there  shall  be  in  each  station  a  registry,  which  shall  be  inspected  every 
month  by  those  in  charge  of  the  administrative  and  business  inspection. 

CHAPTER  VIII. 

RECEIPT,   TRANSPORTATION,   AND    DELIVERY    OF    BAGGAGE    AND 

MERCHANDISE. 

ART.  105.  The  objects  which  are  transported  by  railroads  are  classi- 
fied, for  the  purposes  of  these  regulations,  as  follows : 

1.  Baggage. 

2.  Parcels. 

3.  Merchandise. 

4.  Cattle  of  all  kinds. 

ART.  106.  By  baggage  is  understood  clothing  or  articles  for  imme- 
diate use  destined  to  the  shelter,  ornament,  or  cleanliness  of  passengers, 
books  or  tools  of  trade  or  profession,  contained  in  trunks,  chests,  valises, 
boxes,  hatboxes,  satchels,  saddlebags,  hand  bags,  pillows,  or  under  any 
covering  whatsoever,  or  unpacked. 

ART.  107.  Baggage  shall  be  transported  in  the  same  trains  which 
carry  its  owners,  and  shall  be  delivered  to  them  at  the  end  of  the  trip. 

ART.  108.  By  parcels  are  understood  all  packages  which,  without 
being  subject  to  a  declaration  of  contents,  require  special  care  and  are 
transported  with  the  same  speed  as  passengers. 

ART.  109.  All  articles  which  are  not  included  in  the  classification  of 
the  foregoing  articles  are  designated  under  the  general  name  of  mer- 
chandise. 

ART.  110.  The  fourth  classification  comprises  cattle,  hogs,  sheep,  and 
goats;  draft,  burden,  and  saddle  animals;  dogs  and  other  domestic 
animals,  and  domestic  and  pet  birds  in  cages  or  crates. 


17 

ART.  111.  Whosoever  sends  merchandise  to  railroad  stations  shall 
make  a  previous  declaration  as  to  the  number  of  packages,  weight, 
class,  and  quality. 

Special  precautionary  measures  shall  be  adopted  for  the  transporta- 
tion of  such  merchandise  as  may  cause  explosions  or  fires,  or  the 
deterioration  or  contact  of  which  may  damage  other  merchandise  more 
or  less. 

ART.  112.  Every  delivery  made  in  the  place  designated  for  the  proper 
employees  of  the  company  to  receive  articles  to  be  transported  shall  be 
considered  as  a  proper  delivery  and  legally  made. 

The  subordinate  employees  exclusively  engaged  in  manual  labor  and 
the  mechanical  laborers  in  the  offices  and  stations  shall  not  be  consid- 
ered such  employees. 

.ART.  113.  The  companies  shall  be  obliged  to  invoice  parcels  brought 
to  them. 

In  order  that  this  may  always  be  properly  done,  the  companies  shall 
keep  two  numbered  stub  books;  one  in  which  the  articles  to  be  trans- 
ported with  the  same  speed  as  passengers  shall  be  entered,  and  the 
other  in  which  to  make  a  record  of  the  goods  to  be  carried  in  freight 
trains. 

In  both  the  weight  and  the  rate  of  transportation  of  the  articles  shall 
be  stated  in  the  same  order  of  dates  as  they  are  entered  in  the  registry, 
unless  the  sender  voluntarily  consents  to  waive  this  privilege. 

At  the  time  of  delivery  a  receipt  shall  be  given  the  sender  or  the 
person  in  charge  of  the  article,  in  which  the  number,  class,  weight,  rate 
of  transportation,  and  time  within  which  it  is  to  be  delivered  shall  be 
stated. 

ART.  114.  The  liability  of  the  company  as  to  delivery  to  which  the 
previous  article  refers  commences  from  the  moment  in  which  the  com- 
pany has  taken  charge  of  the  merchandise,  in  the  place  where  it  is  to 
be  received,  even  though  the  person  in  charge  of  this  service  may  not 
have  entered  it  in  the  books  of  the  registry. 

ART.  115.  The  government,  in  accordance  with  the  companies,  and 
after  calling  for  the  information  it  may  deem  convenient,  shall  desig- 
nate the  stations  where  tickets  for  passengers  are  to  be  sold  and  mer- 
chandise billed  to  all  the  points  connected  with  the  railroads,  even 
when  these  points  belong  to  other  companies,  as  for  the  purposes  of 
transportation  ail  are  to  be  considered  as  one  line,  and  for  such  cases 
the  royal  order  of  the  treasury  department  of  January  10,  1863,  shall 
be  enforced  and  considered  as  forming  a  part  of  these  regulations. 

ART.  116.  A  passenger  carrying  in  his  baggage  jewels,  precious 
stones,  bank  notes,  money,  stock  of  industrial  companies,  bonds  of  the 
national  debt,  or  other  valuables  shall  state  it,  exhibiting  them  before 
the  record  is  made,  declaring  the  total  amount  represented  by  these 
articles,  either  with  regard  to  their  selling  price  or  the  price  at  which 
he  estimates  them. 
5482 2 


18 

Failure  to  comply  with  this  requisite  shall  relieve  the  company  of  all 
liability  in  case  of  theft  or  loss. 

ART.  117.  When  the  company,  suspicious  of  the  correctness  of  the 
declaration  of  the  contents  of  a  parcel,  decides  to  examine  the  same,  it 
shall  proceed  to  do  so  before  witnesses  and  in  the  presence  of  the  sender 
or  of  the  consignee.  If  the  latter,  invited  by  the  company,  are  not  pres- 
ent at  the  time,  they  shall  be  cited  for  that  purpose  by  a  notary  public, 
who  shall  be  requested  to  do  so  by  an  express  mandate  from  the  com- 
petent authority.  If  even  then  they  should  not  appear,  the  parcel 
shall  be  opened  in  the  presence  of  the  notary  and  the  witnesses. 

A  proper  report  shall  be  drafted  of  the  examination  and  its  result, 
signed  by  all  those  present  and  by  the  notary,  should  the  latter  be 
present.  The  place  and  date  of  the  examination  shall  be  set  forth 
therein,  the  notice  given  to  the  sender  or  to  the  consignee,  his  presence 
or  refusal  to  attend,  the  kind  of  merchandise,  its  condition  and  number 
of  packages,  the  details  according  to  the  declaration,  and  everything 
which  may  appear  and  be  shown  in  the  examination  at  the  time  the 
parcel  containing  it  is  opened  j  the  names,  residence,  profession,  or 
business  of  the  witnesses. 

ART.  118.  After  the  report  of  the  examination  has  been  drafted, 
according  to  the  provisions  of  the  preceding  article,  the  company  shall 
send  it  to  the  governor  of  the  province  so  that  the  proper  steps  may 
be  taken  by  the  government  without  prejudice  to  the  right  of  sending 
it  also  to  the  court  of  competent  jurisdiction  in  case  of  a  civil  or 
criminal  action. 

ART.  119.  The  company  can  not  delay  the  time  designated  for  for- 
warding the  parcels  agreed  to  with  the  shippers,  not  even  giving  as  an 
excuse  the  examination  of  the  parcels,  on  account  of  suspicion  of  fraud 
or  for  any  other  reason,  if  the  examination  could  have  taken  place  at 
the  point  of  delivery. 

If  the  examination  shows  that  the  shipper  has  not  made  a  false  dec- 
laration, the  company  shall  pay  all  the  expenses  of  again  closing  the 
parcels  and  putting  them  in  their  original  condition. 

ART.  120.  Whosoever  shall  make  a  false  declaration  when  shipping 
merchandise  to  the  stations  in  order  to  pay  a  lower  rate  than  that  oi 
the  schedule,  shall  at  once  pay  the  company  twice  the  excess  and  shall 
indemnify  it  for  all  damages  and  losses. 

ART.  121.  When  the  company  shall  receive  articles  under  a  sealed 
cover,  it  shall  be  exempt  from  all  liability  when  delivering  them  with 
the  seals  intact  and  in  their  original  shape  to  the  shipper  or  to  the 
consignee. 

ART.  122.  If  cash  payment  is  not  made  in  advance  for  the  transpor- 
tation charges  as  per  schedule,  the  companies  may  refuse  to  carry 
empty  cases,  as  well  as  merchandise  which  may  be  damaged,  or  that 
requiring  additional  cover  to  preserve  it,  and  finally  that  which,  on 
account  of  its  small  value,  will  not  cover  the  cost  of  transportation. 


19 

ART.  123.  The  companies  liave  the  right  to  refuse  parcels  badly 
made  up,  and  all  those  not  sufficiently  packed  so  as  to  preserve  the 
merchandise  they  contain. 

Nevertheless,  if  the  sender  should  insist  that  they  be  admitted,  the 
company  shall  be  obliged  to  forward  them,  but  shall  be  exempted  from 
all  liability  if  it  records  its  opposition,  according  to  existing  provisions, 
in  the  receipt  issued. 

ART.  124.  When  the  receipt  or  voucher  given  the  interested  parties 
by  the  company  does  not  state  the  opposition  to  receive  the  merchan- 
dise to  which  the  preceding  article  refers,  it  shall  be  liable  for  the 
damages  appearing  at  the  time  of  delivery  at  the  point  of  destination; 
but  even  in  this  case  it  may  evade  the  liability  if  it  proves  that  the 
damages  can  not  be  ascribed  to  it. 

ART.  125.  Animals,  merchandise,  or  any  other  articles  to  be  trans- 
ported at  great  speed  shall  leave  in  the  first  train  which  includes  cars 
of  all  kinds,  provided  that  they  have  been  presented  for  record  three 
hours  before  the  time  of  departure  of  said  train.  They  shall  be  at 
the  disposal  of  the  persons  to  whom  they  are  addressed  two  hours 
after  the  arrival  of  the  train. 

If  there  be  no  trains  with  cars  of  all  kinds  which  run  to  the  place  of 
destination,  they  shall  be  transported  in  the  first  one  leaving,  whether 
it  be  an  express  or  mail  train. 

When  the  transportation  is  to  be  made  at  slow  speed,  they  shall  be 
forwarded  forty -eight  hours  at  the  latest  after  the  entry  of  the  arti- 
cles, which  shall  be  at  the  disposal  of  the  consignees  twenty-four  hours 
after  the  arrival  of  the  train.  For  the  transportation  of  draft  and 
saddle  animals,  the  number  of  hours'  notice  shall  be  given  provided  for 
by  the  schedules. 

ART.  126.  The  shipping  papers  delivered  by  the  company  to  the 
conductors  of  freight  trains  shall  serve  as  evidence  in  favor  of  the 
owners  who  may  have  lost  their  receipt,  provided  they  are  identified. 

ART.  127.  The  regular  schedule  rates  are  applicable  to  all  packages 
or  parcels  which,  although  packed  separately,  constitute  a  remittance 
of  more  than  50  kilograms,  provided  it  is  made  by  one  individual  and 
addressed  to  a  single  person. 

The  parcels  and  excess  of  baggage,  under  similar  conditions,  shall  be 
considered  as  a  single  remittance  for  the  collection  of  the  rates  fixed 
by  the  special  schedule. 

The  express  companies  and  other  carriers  shall  not  enjoy  these  bene- 
fits unless  the  articles  forwarded  by  them  are  packed  in  a  single  parcel. 

ART.  128.  Transportation  charges  on  merchandise,  animals,  and 
other  articles  not  included  in  the  schedule  may  be  included  in  the 
class  to  which  they  are  most  similar,  which  classifications  may  be 
made  temporarily  by  the  company  itself,  but  always  submitting  the 
same  immediately  to  the  department  of  public  works,  which  may 
change,  admit,  or  refuse  them,  as  it  may  deem  best. 


20 

f 

ART.  129.  Whenever  a  parcel  contains  merchandise  of  different 
classes  which,  according  to  the  schedule,  pay  a  different  rate  of  trans- 
portation, the  one  to  be  charged  shall  be  that  for  the  highest  class, 

ART.  130.  The  companies  may  establish,  within  the  maximum  sched- 
ules which  they  may  have  been  permitted  to  establish  and  without 
damage  to  the  national  ports  and  manufactures,  other  special  rates  in 
favor  of  foreigners  between  given  points  on  the  line ;  but  the  privilege 
to  enjoy  these  rates  shall  not  extend  to  transportation  between  other 
points. 

ART.  131.  The  companies  may  reduce  the  schedule  rates  in  favor  of 
shippers  who  accept  a  longer  time  for  delivery  than  those  fixed  for  slow 
speed,  and  of  those  who  obligate  themselves  to  forward  a  minimum 
number  of  tons,  or  those  who  offer  any  advantages  for  the  transporta- 
tion ;  but  in  no  case  may  the  companies  evade  the  liability  imposed  on 
them  by  these  regulations  for  bad  service. 

ART.  132.  Any  special  reduction  or  condition  granted  in  favor  of  one 
or  more  shippers  shall  be  extended  to  all  those  demanding  it,  if  they 
comply  with  identical  conditions. 

ART.  133.  Whenever  a  company  grants  to  one  or  more  shippers  a 
reduction  of  the  schedule  rates,  the  company  shall  inform  the  Govern- 
ment of  the  conditions  under  which  it  has  been  made. 

The  companies  shall  open  a  register  in  which  these  conditions  shall 
be  recorded,  which  shall  be  shown  to  the  persons  who  may  request  it. 
The  registers  shall  be  folioed  and  rubricated  by  the  chief  of  the  busi- 
ness inspection. 

ART.  134.  When  there  are  special  schedules  for  the  transportation  of 
certain  merchandise,  notice  shall  be  given  the  shippers  at  the  time  it 
is  invoiced,  so  that  they  may  select  the  one  most  advantageous. 

ART.  135.  All  changes  in  the  schedule  rates  shall  be  communicated 
to  the  Government  one  month  in  advance  of  the  date  they  are  to  be 
published,  and  shall  be  brought  to  the  knowledge  of  the  governors  of 
the  provinces  traversed  by  the  railroad,  who  shall  order  their  publica- 
tion fifteen  days  before  the  new  schedule  is  to  become  operative. 

ART.  136.  The  rates  fixed  for  the  transportation  of  merchandise,  by 
virtue  of  special  schedules,  can  not  be  increased  until  after  the  expira- 
tion of  one  year  from  the  time  of  their  publication. 

ART.  137.  The  delay  in  transportation  shall  give  right  to  indemnity 
for  damages,  except  in  cases  of  force  majeure. 

ART.  138.  The  burden  of  proof  in  cases  of  force  majeure  is  on  the 
company;  and  until  the  company  shall  have  proved  it,  its  liability 
shall  stand. 

ART.  139.  Eobbery  shall  not  be  considered  a  case  of  force  majeure, 
except  when  the  company  proves  that  it  did  everything  in  its  power  to 
prevent  it;  nor  fire,  unless  it  be  proved  that  it  was  not  due  to  the 
negligence  or  carelessness  of  the  employees,  nor  to  the  insufficiency  or 
bad  condition  of  the  means  of  transportation. 

ART.  140.  The  railroad  companies  having  terminals  at  the  frontier 


21 

or  at  maritime  ports,  provided  they  comply  with  the  formalities  and 
conditions  prescribed  by  the  custom-houses,  may  use  instead  of  a  bag- 
gage depot  for  the  examination  of  baggage,  the  trains  on  which  it  is 
carried. 

ART.  141.  The  company  which  may  have  carried  merchandise,  with- 
out giving  rise  to  any  claims  whatever,  shall  have  a  right  of  action 
against  the  consignees  or  the  shippers  for  the  cost  of  transportation 
and  custody  of  the  merchanise  kept  in  good  condition. 

In  default  of  payment  proceedings  shall  be  instituted  in  accordance 
with  the  commercial  code. 

ART.  142.  The  consignee  shall  pay  the  expenses  of  repacking  when- 
ever the1  company  shall  prove  that  it  was  unpacked  to  preserve  the 
merchandise,  which  would  otherwise  have  decayed  or  been  lost. 

ART.  143.  Every  action  the  object  of  which  is  purely  commercial 
against  the  company  and  in  regard  to  transportation  shall  be  brought 
in  the  courts. 

ART.  144.  The  provisions  of  law  which  submit  to  verification  the 
weights  and  measures  of  merchants  and  manufacturers  in  their  ware- 
houses, stores,  and  shops  open  to  the  public  are  applicable  to  railroad 
companies  in  all  matters  referring  to  transportation. 

ART.  145.  The  companies  shall  always  be  liable  for  the  loss  and  dam- 
age of  articles  intrusted  to  their  care,  whether  the  damage  is  due  to 
their  own  employees  or  to  strangers  who  may  frequent  their  offices. 

ART.  146.  If  the  company  leases  the  whole  space  in  one  of  the  cars 
of  its  trains,  and  does  not  directly  or  indirectly  interfere  in  the  han- 
dling of  the  freight,  it  shall  not  be  liable  for  the  loss  and  damage  which 
may  occur,  being  exempt  from  all  responsibility. 

ART.  147.  In  case  of  loss  or  damage  of  the  effects  transported,  the 
company  first  charged  with  their  handling  can  not  make  a  claim 
against  the  others  who  were  charged  with  the  transportation,  unless  it 
prove  that  the  merchandise  was  delivered  to  them  in  good  condition. 
All  the  railroad  companies  are  considered  to  be  connected  without  a 
break,  as  if  they  were  in  a  single  line,  for  the  purpose  of  transporta- 
tion contracts. 

ART.  148.  The  companies  are  not  responsible  for  the  natural  wear 
and  tear  on  the  merchandise  when  it  is  not  greater  than  ordinary  and 
when  it  can  not  be  attributed  to  fraud  or  carelessness. 

ART.  149.  In  case  the  merchandise  does  not  arrive  at  its  destination 
in  good  condition  and  at  the  stated  time  the  owner  or  consignee  has 
the  right  to  insist  on  the  liability  of  the  company  which  may  have 
failed  to  carry  out  these  conditions. 

In  the  same  way  it  may  be  insisted  on  when  the  parcels,  clearly  and 
distinctly  marked  so  that  no  doubt  can  arise,  are  delivered  to  a  person 
different  from  the  one  who  was  to  receive  them. 

ART.  150.  Unjustifiable  delay  of  passenger  trains  shall  always  be 
punished  by  fine,  in  accordance  with  article  12  of  the  law  of  November 
23, 1877,  when  the  delay  shall  exceed  ten  minutes  for  every  100  kilo- 


22 

meters  for  express  and  mail  trains,  and  twenty  minutes  for  the  same 
distance-  in  case  of  mixed  trains  shall  also  be  punished  by  fine, 
without  prejudice  to  their  civil  liability,  when  in  the  freight  service  the 
loss  or  damage  in  handling  the  merchandise  is  due  to  abandonment  or 
carelessness  and  when  the  delays  exceed  from  one-fourth  to  double  the 
time  provided  for  in  the  regulations  or  agreed  upon  for  the  delivery. 

ART.  151.  If  only  part  of  the  merchandise  is  delivered  by  the  com- 
pany within  the  time  provided  for  by  these  regulations,  the  other  part 
shall  be  the  basis  for  claim  for  loss  and  damages;  but  the  latter  shall 
cover  both  when  the  consignee  shall  prove  the  impossibility  of  using 
one  without  the  other. 

Exceptions  are  made  in  cases  of  accident  and  of  force  majeure,  which 
must  be  proved  on  the  same  day  and  place  on  which  they  may  occur, 
and  not  by  certificates  obtained  subsequently,  and  after  the  proceedings 
have  been  begun,  unless  a  disturbance  of  public  order  may  have 
prevented  the  authorities  from  freely  performing  their  duties. 

ART.  152.  If  the  owner  of  parcels  or  packages  temporarily  mislaid 
shall  have  been  indemnified  for  their  loss,  the  company  may,  when  the 
parcels  are  found,  cite  the  owner  to  be  present  at  the  opening;  and 
after  the  delivery  is  made  the  company  shall  recover  the  amount  it 
paid,  making  allowance  for  the  damage  due  to  the  delay. 

If  from  the  investigation  of  the  articles  fraud  shall  appear  to  have 
been  committed  in  the  declarations  made  by  the  owner,  the  company 
shall,  in  its  turn,  have  a  right  to  claim  damages,  giving  information  of 
the  fraud  to  the  courts  of  justice. 

ART.  153.  The  companies  may  establish  ordinary  transportation  serv- 
ices in  order  to  facilitate  communication  between  towns  and  the  neigh- 
boring stations. 

The  interested  parties  shall  nevertheless  be  at  liberty  to  carry  the 
goods  in  their  own  vehicles  or  send  them  by  trustworthy  persons  should 
they  prefer  it,  but  in  such  case,  when  the  parcels  are  delivered  to  the 
stations,  this  fact  must  be  stated. 

The  companies  shall  then  advise  the  consignee  of  the  arrival  of  the 
trains  within  the  period  fixed  in  article  125,  so  that  he  may  send  for  the 
merchandise  belonging  to  him. 

After  the  forty  eight  hours  allowed  for  such  purpose  have  elapsed, 
if  he  does  not  remove  the  merchandise  from  the  station,  storage  shall 
be  charged  from  that  time. 

ART.  154.  The  companies  may  also  establish  schedules  in  combina- 
tion with  other  land  or  maritime  transportation  companies,  with  the 
condition  that  on  its  lines  the  same  rates  shall  be  charged  as  when  the 
articles  are  sent  to  the  points  favored  by  the  schedule,  even  though  the 
shippers,  at  their  own  expense,  shall  transport  the  merchandise  by  land 
or  water,  employing  their  own  vehicles  or  vessels. 

ART.  155.  The  consignee  of  merchandise  can  not  refuse  to  receive  it, 
even  on  a  holiday,  if  he  be  in  his  house  when  the  merchandise  is  deliv- 
ered there. 


23 

ART.  156.  The  consignee  who  may  desire  to  verify  the  weight  of  the 
merchandise  delivered  to  him  shall  pay  the  expenses  of  reweighing, 
provided  that  the  result  shall  be  the  weight  stated  in  the  receipt,  as 
provided  for  by  article  148.  If  they  do  not  agree,  the  expense  shall  be 
defrayed  by  the  company. 

ART.  157.  The  examination  of  the  parcels  shall  be  made  judicially 
when  the  consignee  so  demands  it. 

The  experts  called  for  this  purpose  shall  state  in  their  report  the  out- 
ward condition  of  the  parcels,  their  weight,  marks,  and  numbers,  the 
nature  and  amount  of  the  merchandise  therein  contained,  their  quality, 
whether  they  have  been  wet  or  suffered  any  other  damage,  the  time 
when,  in  their  judgment,  the  damage  occurred,  the  probable  cause 
thereof,  and  finally  the  amount  of  the  damage. 

ART.  158.  The  receipt  for  the  articles  transported,  issued  by  the  con- 
signee, and  the  payment  of  the  transportation  shall  extinguish  all  right 
of  action  against  the  carrier. 

ART.  159.  The  claims  against  the  companies  for  loss  or  damage  of 
articles  transported  shall  be  brought  in  the  manner  and  time  pre- 
scribed by  the  commercial  code. 

CHAPTER  IX. 

PROCEDURE  FOR  THE    PUNISHMENT   OF   CRIMES   AND    OFFENSES 
AGAINST   THE   SAFETY  AND   PRESERVATION   OF  RAILROADS. 

ART.  160.  The  Governors  of  the  provinces  crossed  by  railroads 
shall: 

1.  See  that,  fully  exercising  all  their  powers  and  with  constant  super- 
vision, the  mayors  carry  out  the  provisions  of  the  law  of  November 
23,  1877,  and  of  these  regulations,  in  so  far  as  they  come  under  their 
jurisdiction. 

2.  Impose  fines  for  the  offenses  stated  in  article  12  of  the  law  on 
complaint  of  the  inspections. 

ART.  161.  The  ordinary  tribunals  shall  have  jurisdiction  of  the 
crimes  committed  on  railroads,  according  to  the  procedure  and  provi- 
sions of  the  law  of  November  23,  1877,  and  the  royal  orders  which  have 
been  issued  for  such  cases. 

ART.  162.  The  supervision  of  the  railroads  shall  be  mainly  exercised 
by  the  officers  of  inspection  and  the  companies'  employees,  both  having 
for  this  purpose  the  character  of  sworn  guards. 

ART.  163.  According  to  titles  2,  3,  and  4  of  the  law  of  November  23, 
1877,  and  the  provisions  of  these  regulations,  any  violation  of  these 
articles  shall  be  denounced  to  the  municipal  judges  of  the  jurisdiction 
where  they  may  be  committed  by  the  employees  of  the  inspection,  as 
well  as  by  those  of  the  company. 

ART.  164.  The  denunciation  authorized  by  the  title  and  signature  of 
the  complainant  shall  be  made  in  duplicate,  declaring  therein  the  place 


24 

where  the  act  denounced  occurred,  its  date,  the  date  of  the  complaint, 
the  name  and  description  of  the  offender,  and  his  residence  and  domi- 
cile, if  they  be  known. 

On  one  of  the  two  copies  of  the  denunciation  the  judge  shall  acknowl- 
edge receipt  thereof  and  return  it  to  the  complainant,  keeping  the  other 
as  the  origin  and  basis  of  the  subsequent  proceedings. 

ART.  165.  Immediately  after  hearing  the  interested  parties,  the  judge 
shall  enforce  this  law  and  these  regulations,  imposing  the  fines  in  a 
proper  case,  collecting  them  as  soon  as  possible. 

The  trial  being  ended  and  the  sentence  executed,  the  judge  shall 
inform  the  inspections  of  the  line  of  the  result  of  the  proceedings. 

ART.  166.  The  offenses  committed  by  the  concessionnaires  or  lessors 
in  the  cases  mentioned  in  article  12  of  this  law,  shall  be  punished 
by  the  governors  on  official  complaint  of  the  inspections,  who  shall 
specify  them  as  clearly  as  possible,  and  classify  them  according  to 
their  importance  and  consequences. 

ART.  167.  The  governor,  after  hearing  the  concessionnaires  or  lessors 
of  the  railroads  and  the  permanent  committee  of  the  provincial  deputa- 
tion, shall  impose  upon  them  the  penalty  they  may  have  incurred 
according  to  the  law  of  November  23,  1877,  should  they  be  guilty,  in 
his  judgment.  If  the  concessionnaires  or  lessors  seek  the  remittance 
of  their  fines,  they  shall  petition  the  department  of  public  works, 
through  the  governor  who  imposed  them,  who  shall  forward  said  peti- 
tions with  his  own  report  for  the  proper  decision.  The  decision  shall 
always  state  the  reasons  after  hearing  the  officials  or  corporations 
deemed  proper,  that  of  the  full  council  of  state  being  indispensable. 
From  the  decision  of  the  department  there  shall  be  no  appeal. 

ART.  168.  The  authors  of  the  crimes  or  offenses  mentioned  in  the 
railroad  police  law  shall  be  turned  over  to  the  competent  court  either 
by  the  employees  of  the  inspections,  or  of  the  company,  or  by  any  other 
authority  giving  mutual  assistance  in  order  to  fulfill  their  duty. 

CHAPTER  X. 
MISCELLANEOUS  PROVISIONS. 

ART.  169.  The  concessionnaires  or  lessors  may  freely  appoint  and  dis- 
charge their  employees,  but  the  department  of  public  works,  by  virtue 
of  the  authority  of  article  15  of  the  police  law  and  in  the  cases  men- 
tioned therein,  may  order  the  company  to  discharge  any  of  its  em 
ployees,  communicating  the  order  through  the  chief  inspectors,  who 
shall  see  that  the  employees  are  immediately  discharged  without  any 
appeal. 

Discharge  from  the  service  may  take  place — 

1.  When  the  reports  of  chiefs  of  divisions  with  regard  to  the  tech- 
nical employees  show  that  these  are  incompetent  or  that  they  have 
placed  or  may  place  the  safety  of  trains  in  jeopardy. 


25 

2.  When  the  reports  of  inspecting  chiefs  of  administration  as  to  any 
employee  of  the  company  show  that  his  remaining  in  the  employ  is 
dangerous  either  to  the  security  of  the  trains  or  the  maintenance  of 
public  order. 

Nevertheless,  in  the  latter  case  the  discharge  can  not  be  directed  nor 
complaints  admitted  at  the  time  of  elections  or  thirty  days  thereafter. 

ART.  170.  Eailroad  employees  shall  wear  a  uniform  differing  accord- 
ing to  their  class  and  the  road  to  which  they  belong. 

ART.  171.  Eoad  guards  and  gate  keepers  may  bear  the  same  arms 
and  enjoy  the  same  privileges  as  Government  guards. 

ART.  172.  No  engineer  shall  be  employed  in  the  railroad  service 
without  previously  showing,  in  accordance  with  the  instructions  issued 
by  the  department  of  public  works,  the  necessary  qualifications  for  the 
faithful  discharge  of  his  duties. 

ART.  173.  Notice  shall  be  given  immediately  by  the  station  masters 
to  the  inspections  and  to  the  governors  of  any  accident  which  may 
place  in  jeopardy  the  safety  of  the  trains  or  endanger  the  passengers  or 
employees  of  the  company  or  any  other  persons. 

ART.  174.  If  experience  shows  that  besides  the  ordinary  water  and 
fuel  deposits  existing  for  the  use  of  the  engines  other  intermediate 
deposits  at  distinct  points  of  the  road  are  necessary,  they  shall  be  con- 
structed at  the  places  designated  by  the  government,  after  hearing  the 
companies  and  the  technical  inspections. 

ART.  175.  The  special  regulations  for  the  service  and  operation  of 
each  line  shall  be  submitted  by  the  concessionaires  to  the  approval  of 
the  government. 

ART.  176.  The  written,  printed,  or  lithographed  instructions,  orders, 
circulars,  and  provisions  relating  to  the  railroad  service  shall  be  imme- 
diately communicated  to  the  inspections. 

The  manuscript  orders  shall  be  copied  the  day  they  are  issued  in  a 
special  register,  which  shall  be  presented  to  the  inspections  whenever 
demanded. 

ART.  177.  The  chief  inspectors  shall  have  the  right  to  examine  the 
accounts  of  the  companies7  receipts  and  expenditures,  the  royal  decrees 
received  by  the  companies,  and  any  other  documents  relating  to  the 
operation  of  the  road  and  by  which  its  real  condition  may  be  ascertained. 

ART.  178.  All  notifications  to  railroad  companies  shall  be  made  at 
their  domicile,  and  when  citations  are  served  on  the  station  masters 
they  shall  be  of  legal  value  only  when  the  station  masters  are  duly 
authorized  to  represent  the  companies. 

ART.  179.  The  companies  shall  not  resist  the  attachment  of  their 
warehouses  and  depots  when  made  by  virtue  of  a  judicial  mandate. 
When  an  attachment  is  made,  the  articles  attached  shall  in  no  case  be 
dispatched  and  returned  to  the  shipper  or  consignee,  but  they  shall 
always  be  at  the  disposal  of  the  court. 


26 

ART.  180.  It  is  the  duty  of  the  company  to  keep  in  good  condition 
the  article  which,  for  any  reason  whatsoever,  may  have  been  deposited 
in  its  stations. 

When  they  require  more  care  than  the  company  can  exercise  the 
provisions  of  the  commercial  code  for  similar  cases  shall  be  observed. 

ART.  181.  Articles  forgotten  by  passengers  and  left  in  trains  or 
waiting  rooms,  those  falling  on  the  way  when  the  train  passes,  and  all 
those  the  owners,  shippers,  or  consignees  of  which  are  unknown, 
shall  be  kept  in  a  depository;  a  special  record  shall  be  made  of  the 
same,  stating  the  date,  and  place  of  finding  them,  and  their  description. 

If  they  have  been  advertised  three  times  in  the  official  bulletin  of 
the  province,  and  after  a  year  has  elapsed  nobody  has  appeared  to  claim 
them,  they  shall -be  offered  at  public  auction,  and  the  proceeds  thereof 
shall  be  applied  to  charitable  institutions  after  deduction  by  the  com- 
pany of  the  expenses  for  care  and  storage. 

ART.  182.  The  power  conferred  on  each  governor  by  these  regula- 
tions may  be  conferred  in  whole  or  in  part  to  only  one  of  the  governors 
of  the  provinces  crossed  by  the  same  railroad  as  may  be  required  by 
local  conditions  and  by  the  better  public  service,  in  the  judgment  and 
at  the  will  of  the  Government. 

ART.  183.  The  telegraph  lines  in  charge  of  the  companies  shall  only 
send  news,  notices,  and  dispatches  relating  to  the  railroad  service. 

ART.  184.  The  care,  as  well  as  the  attendance  and  maintenance  of 
the  telegraph  material,  including  the  wires  devoted  to  the  Government 
service,  shall  be  at  the  expense  of  the  companies. 

The  offenses  committed  against  the  telegraph  service,  and  those 
causing  destruction  or  damage  of  its  material,  shall  be  considered  as 
offenses  committed  against  the  road,  and,  as  such,  punished  according 
to  the  provisions  of  Title  V  of  the  railroad  police  law. 

ART.  185.  In  the  most  public  places  of  the  stations,  and  especially 
in  the  waiting  rooms,  there  shall  always  be  posted,  for  public  informa- 
tion, copies  of  these  regulations. 

Their  provisions  and  those  of  the  articles  of  conditions  referring  to 
merchandise  shall  also  be  posted  in  the  places  where  the  latter  is 
received. 

ART.  186.  The  chief  conductor  of  every  train  shall  always  carry  on 
the  trip  a  copy  of  these  regulations. 

The  engineers,  firemen,  brakemeu,  road  guards,  and  other  employees 
in  the  service  of  railroads  shall  be  given  an  extract  of  the  provisions 
of  the  regulations  which  they  may  have  to  observe. 

AiiT.  187.  The  department  of  public  works  has  the  power  to  fix  the 
times  when  the  companies  must  submit  for  approval  their  regulations, 
schedules,  and  other  provisions,  which  they  are  compelled  to  do. 

If  the  time  fixed  elapses  without  the  companies  doing  so,  the  Gov- 
ernment shall  decide  as  it  may  deem  fit. 

ART.  188.  Offenses  against  these  regulations,  the  decisions  of  the 
Government,  and  those  issued  by  governors  of  provinces,  relating  to 


27 

railroads  and  their  best  service  and  police,  shall  be  punished  according 
to  Title  V  of  the  railroad  police  law. 

ART.  189.  All  provisions  which  may  have  been  issued  up  to  date  for 
a  better  understanding  and  application  of  the  articles  of  the  regulations 
of  July  8, 1859,  in  so  far  as  they  do  not  conflict  with  the  prescriptions 
of  these  regulations,  shall  be  considered  in  force.  Approved  by  H.  M. — 
C.  Toreno. 

And  by  order  of  His  Excellency  it  is  published  in  the  Gaceta  for 
general  information. 

HAVANA,  March  20, 1893. 

ESTANISLAO  DE  ANTONIO, 

Secretary-  General. 


YC  89742 


381495 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


